RoundHive AND ITS AFFILIATES ("RoundHive Corp") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN RoundHive AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation: (a) Online Support and other on-line services accessible via the Website (collectively the "Services/Help"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, sound, photographs, graphics, video, messages, or other materials ("Content"). RoundHive controls and operates its Websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. RoundHive products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and RoundHive for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard RoundHive terms and conditions of sale in your jurisdiction govern purchases You make through the Website, unless You have in effect a separate valid written purchase or license agreement with RoundHive for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You and your Organization as may be prompted by a registration form on the Website (the "Registration"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to RoundHive, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to RoundHive or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. RoundHive reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be RoundHive or someone else, or spoof RoundHive's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF RoundHive INFORMATION
3.1 You may obtain direct access via the Website to certain confidential information of RoundHive and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with RoundHive and its partners.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or RoundHive's written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from RoundHive, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to RoundHive adequate to afford RoundHive the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO RoundHive
4.1 RoundHive does not claim ownership of the Content You place on the Website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in RoundHive's Legal and Privacy Notices, any Content You provide in connection with this Website shall be deemed to be provided on a nonconfidential basis. RoundHive shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant RoundHive and all other users of the Website an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among RoundHive, its affiliates, and third-party providers of any information that You may provide on the Website.
4.2 RoundHive and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
5. DELIVERY OF ELECTRONIC WALLET OBJECTS
RoundHive will attempt to deliver all of the objects that is addressed to Your email address, or generated in response to your input on RoundHive's Services. However, RoundHive cannot guarantee delivery of Eclectronic Objects (e.g. coupons, flyers, emails, tickets).
You agree to indemnify and hold RoundHive and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
RoundHive may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. RoundHive reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. RoundHive may also delete, or bar access to or use of, all related Information and files. RoundHive will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. RoundHive may amend these Terms at any time by posting the amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
RoundHive may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other tha RoundHive found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. RoundHive is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-RoundHive advertisers on the Website.
9. CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that RoundHive is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. RoundHive will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by RoundHive or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software RoundHive discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
10.2 "RoundHive Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations RoundHive uses in connection with its products and services. You agree to comply with the RoundHive Trademark and Logo Usage Requirements. You may not remove or alter any RoundHive Trademarks, or co-brand your own products or material with RoundHive Trademarks, without RoundHive's prior written consent. You acknowledge RoundHive's rights in RoundHive Trademarks and agree that any use of RoundHive Trademarks by You shall inure to RoundHive's sole benefit. You agree not to incorporate any RoundHive Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3 RoundHive is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact our legal department via email at: sales@RoundHive.com.
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by RoundHive on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. RoundHive DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RoundHive MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 RoundHive MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, RoundHive IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF RoundHive HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and RoundHive relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized RoundHive representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use RoundHive or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to RoundHive for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, RoundHive will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if RoundHive seeks such an injunction.
14.3 California law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and RoundHive agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.
14.4 Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.6 The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning RoundHive's roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and RoundHive's ability to compete in a rapidly changing marketplace.
waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
15.1 RoundHive respects your privacy and is committed to protect the personal information that you share with us. Generally, you can browse through our Website without giving us any information about yourself. On occasion, we may need your personal information to provide services that you request, or you may have the option choose to provide us with your personal information.
16. Information Collection
Personal information means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, credit card number, a company or home, postal or other physical address, other contact information, title, birth date, gender, occupation, industry, personal or product interests, other information when needed to provide a service you requested.
When you browse our Website, you do so anonymously, unless you have previously indicated that you wish RoundHive to remember your login and password. We don't collect personal information, including your email address. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our Website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have logged in to our Website. Like many other commercial Websites, the RoundHive Website may use a standard technology called a "cookie" to collect information about how you use the site. Please go to "Cookies and Tracking Information" below for more information.
RoundHive collects personal information when you register with RoundHive for a RoundHive account, when you use or purchase certain RoundHive products or services, when you register to attend a seminar or participate in an online survey, when you ask to be included in an email or other mailing list, other product promotions, or when you submit your information to RoundHive for any other reason. From time to time, RoundHive receives personal information from business partners and vendors. RoundHive only uses such information if it has been collected in accordance with acceptable privacy practices consistent with this Policy and applicable laws.
Access to certain RoundHive Web pages requires a login and a password. The use of those Web pages, and the information or programs downloadable from those sites, may be governed by a written agreement between your employer and RoundHive. Your personal information may be retained by RoundHive to verify compliance with the agreement, log software licenses granted, to track software downloaded from those pages, or track usage of other applications available on those pages for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, revolve disputes, and enforce agreements.
If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete or deactivate it by making the change on our member information page or by emailing our Customer Support at email@example.com or by contacting us by telephone or postal mail at the contact information listed below. We will respond to your request to access within 30 days.
17. Cookies and Tracking Technology
17.1 Technologies such as: cookies, beacons, tags and scripts are used by RoundHive. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
18. Log Files
18.1 As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do not link this automatically collected data to other information we collect about you.
19. Log Files
19.2 Your personal information is never shared outside RoundHive without your permission, except under conditions explained below. Inside RoundHive, data is stored in controlled servers with limited access. Your information may be stored and processed in the United States or any other country where RoundHive, its subsidiaries, affiliates or agents are located.
19.3 RoundHive may send your personal information to other companies or people under any of the following circumstances: when we have your consent to share the information; we need to share your information to provide the product or service you have requested; we need to send the information to companies who work on behalf of RoundHive to provide a product or service to you (we will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose); or we want to keep you up to date on the latest product announcements, software updates, special offers or other information we think you'd like to hear about either from us or from our business partners.
20. Data Security
20.1 Your RoundHive account information is password-protected for your privacy and security. RoundHive safeguards the security of the data you send us with physical, electronic, and managerial procedures. In certain areas of our Websites, RoundHive uses industry-standard SSL-encryption to enhance the security of data transmissions. While we strive to protect your personal information, we cannot ensure the security of the information you transmit to us, and so we urge you to take every precaution to protect your personal data when you are on the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser.
20.2 The security of your personal information is important to us. We follow generally accepted standards as stated above to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee it’s absolute security. If you have any questions about security on our website, you can contact us.
21. Behavioral Targeting / Re-Targeting
22. Third Party Websites
RoundHive's Website contains links to other sites. RoundHive does not share your personal information with those Websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.
23. Security contacts and procedures
RoundHive takes security very seriously and we aim to take immediate action to address serious security-related problems that involve our products or services.
Please report any suspected security vulnerability in a RoundHive product or service to the RoundHive Security Response Team, firstname.lastname@example.org You should contact the Security Response Team if: 1. You think there may be a security vulnerability in a RoundHive product or service 2. You are unsure about how a known vulnerability affects a RoundHive product or service 3. You want to provide feedback about our standards of service and performance. If you feel your comment or complaint is not dealt with in a satisfactory manner, please contact the technical support manager.